Malaysia opposes Philippines continental shelf claim

MANILA, Philippines — Malaysia has opposed the Philippine submission to a United Nations body to formally recognize the extent of its undersea continental shelf, saying it is projected from the baselines of Sabah.

In a note verbale to UN Secretary General António Guterres on June 27, Malaysia’s permanent mission to the United Nations said Malaysia has never recognized the Philippines’ claim to Sabah.

Malaysia requested the UN Commission on the Limits of the Continental Shelf not to examine and qualify the Philippines Partial Submission.

“The Government of Malaysia categorically rejects the Philippines’ Partial Submission on the basis that the Republic of the Philippines’ continental margin is projected from the baselines of the Malaysian state of Sabah.

This clearly disregards Malaysia’s indisputable sovereignty over the state of Sabah,” the mission said.

The mission said Sabah has always been an integral part of Malaysia, and has been “recognized” by the UN and the international community as part of Malaysia since the formation of the Federation of Malaysia on Sept. 16, 1963.

It argued that the Philippines’ claim to sovereignty over Sabah is “incompatible with its erga omnes obligation to recognize and uphold the legitimate exercise of the right to self-determination by the people of Sabah in 1963.”

“The Government of Malaysia wholly rejects the claims by the Republic of the Philippines that the latter has legal ownership and sovereignty over the Malaysian state of Sabah,” the mission said.

“It is clear that the Republic of the Philippines claim to Sabah has no basis whatsoever under international law.”

The Philippines asked the UN body last month to formally recognize the extent of its undersea continental seabed in the South China Sea, where it would have the exclusive right to exploit resources.

Through the Philippine mission to the UN in New York, the Philippine government submitted information to the UN Commission on the Limits of the Continental Shelf on the extent of its undersea shelf in the South China Sea, off western Palawan province, after more than a decade and a half of scientific research.

The Department of Foreign Affairs (DFA) explained that under Article 76 of the UN Convention on the Law of the Sea (UNCLOS), a coastal state such as the Philippines is entitled to establish the outer limits of its continental shelf.

This comprises the seabed and subsoil of the submarine areas extending beyond 200 nautical miles but not to exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured.

The National Mapping and Resource Information Agency led the Extended Continental Shelf Technical Working Group that worked on the submission for over 15 years.

The DFA underscored the significance of the submission in securing the Philippines’ sovereign rights and maritime jurisdictions in the WPS, noting that the 2016 award on the South China Sea arbitration confirmed the Philippines’ maritime entitlements and rejected those that exceeded geographic and substantive limits under the UNCLOS.

Philippine permanent representative to the UN Antonio Lagdameo said the move “can reinvigorate efforts of states to demonstrate their readiness to pursue UNCLOS processes in the determination of maritime entitlements and promote a rules-based international order.”

Former foreign affairs secretary Teodoro Locsin Jr. said the Philippines will not abandon its territorial claim over Sabah despite aggressive financial offers.

He bared the “repeated offers” in the past involving huge amounts of money for the Philippines to drop its claims over Sabah, formerly known as North Borneo.

Meanwhile, visiting Malaysian Foreign Minister Dato’ Seri Utama Haji Mohamad Bin Haji Hasan will meet with Foreign Affairs Secretary Enrique Manalo to discuss the current state of Philippines-Malaysia relations, the DFA said.

Manalo and Hasan will also exchange views on regional and international developments during the inaugural first visit of the Malaysian foreign minister since taking the helm of the Malaysian Foreign Ministry in December 2023.

Both sides are also working and coordinating to convene the 8th Bilateral Joint Commission Meeting, which was last held in Manila more than a decade ago.

Manalo invited his counterpart for an official visit. He reiterated the need to sustain the two countries’ momentum of high-level exchanges in 2023.

The DFA announced on Friday that Hasan will arrive in the Philippines today.

The Malaysian embassy in Manila said the trip aims to highlight programs to boost cooperation.